Instruction to Jury Regarding Compensatory Damages for Conversion 2025

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The Need to Object to Bad Jury Instructions As a rule, legally erroneous instructions are presumably objected to by the opposing party. Thats a standard for California courts. However, its a good idea for the opposing party to put any objections to those instructions on the record.
To establish a conversion claim, a plaintiff must prove that: it had a possessory interest in the property, the defendants intentionally interfered with the plaintiffs possession, and. the defendants acts are the legal cause of the plaintiffs loss of property.
The elements of conversion are[iv]: the plaintiffs ownership or right to possession of the property; the defendants conversion by wrongful act inconsistent with the property rights of the plaintiff; and. damages.
The total amount of damages that the plaintiff would otherwise be entitled to recover shall be reduced by the percentage of plaintiffs negligence that contributed as a proximate cause to [ his / her ] [ injury / property damage ]. This is known as comparative negligence.
The tort of conversion is the exercise of dominion over property in violation of the rights of the owner or the person entitled to possession. Grayson v. Bank of Little Rock, 334 Ark.
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For example, a person who picks up a necklace off the ground with the intent to resell it because they erroneously believed it was abandoned still converted that necklace. The standard remedy for conversion is return of the property in question or damages for the fair market value of the property.
In addition to compensatory damages, juries in some cases may also award punitive damages, a class of damages which serve to punish unlawful conduct and to deter similar future conduct. BMW of North Am., Inc.
The elements of conversion are: 1) Intent to convert the tangible or intangible property of another to ones own possession and use, 2) The property in question is subsequently converted.

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